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$400k Verdict For Plaintiff's Back Injury
According to a recent report in the Virginia (VA) Lawyers Weekly, a Norfolk, Virginia (VA) Circuit Court jury awarded a $400k verdict for a plaintiff’s back injury resulting from a rear-end vehicle collision. The plaintiff had a pre-existing back injury that caused him occasional pain. This accident significantly aggravated the
developmental spondylolisthesis which resulted in surgery with
laminectomy and fusion. The plaintiff recovered well from the surgery and after some time was left only with some occasional pain when he returned to the heavy physical demands of his
HVAC contracting job. The plaintiff was forced to hire another employee to do all the heavy lifting, and the physically demanding part of his job, for about 15 months.
At the court ordered settlement conference the under insured motorist insurance company only offered $15,000.00 of its $250,000.00 exposure, but came back shortly before trial with an offer of $50,000.00. The jury awarded $400,000.00 to the plaintiff for his medical expenses and $25,000.00 for lost wages for the cost of hiring an additional employee.
This case shows how the car insurance carriers treat their own insured’s badly. The injured man’s own insurer, USAA, refused to pay even half of the available UIM coverage. USAA then hired a doctor to disagree with person’s own treating surgeon about the cause of the injury. Happily, the jury did the right thing, probably because of good work by the man’s injury attorney.